Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61192 of 2025 Arising Out of PS. Case No.-252 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== 1.
Rajesh Kumar S/O Naresh Singh Resident of Village- Moshimpur, P.S.- Khushrupur, Dist.- Patna 2.
Sanjeet Kumar @ Sujeet Kumar S/O Naresh Singh Resident of VillageMoshimpur, P.S.- Khushrupur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Mr. Mukesh Kumar, learned Counsel for the petitioners and Mr. Rajendra Singh, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Khushrupur P.S. Case No. 252 of 2025 for the offence registered under section 30(a) of the Bihar Prohibition and Excise Act lodged on 09.07.2025 by the informant Sakil Ansari.
3. As per the prosecution story, the informant alleged that on secret information, the room of government tubewell was raided and there is recovery/seizure of 206.15 litres foreign liqour, the locals gave the name of the petitioner amongst other, this led to the FIR.
4. Learned Counsel for the petitioners submit that he has no criminal antecedent, due to enmity, they have been
2/4 implicated and the last submission is that without accepting the allegation and/or the outcome of the present case, the petitioners intend to contribute Rs. 10,000/-each (totaling Rs. 20,000/-) for beautification/for the purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Patna Judgeship through Demand Draft issued by the local branch of the State Bank of India.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that locals have gave the name.
6. Considering the submissions of the parties as also the fact that both the petitioners have no criminal antecedent and recovery/seizure is from government tubewell, in that background, this Court is inclined to grant them the anticipatory bail with conditions subject to payment of Rs. 10,000/-each (totaling Rs. 20,000/-) for beautification/for the purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Patna Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Patna.
7. Let the petitioners in the event of arrest or
3/4 surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City in connection with Khushrupur P.S. Case No. 252 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his bona fide;
(ii) the petitioners shalso and so..l appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
4/4 criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. A copy of the order be sent to the Principal District and Sessions Judge, Patna for his/her perusal and needful. (Rajiv Roy, J) Raj Ranjan/- U T